IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49967/2019 (T – RES) BETWEEN:
THE SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED SADASHIVA SAHAKARA SADANA, KODIALBAIL, MANGALURU-03, REP BY CEO Mr. RAVINDRA B. …PETITIONER (BY SMT.LAKSHMI MENON, ADV.) AND:
1 . STATE OF KARNATAKA FINANCE DEPARTMENT VIDHANA SOUDHA, BANGALORE-560001 2 . THE JOINT COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES VANIJYA THERIGE BHAVAN, 2ND FLOOR, OPPOSITE NEHRU STADIUM, MANGLAORE-575 001.
3 . THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-4, D.V.O., VANIJYA THERIGE BHAVAN MANGALORE-575001. …RESPONDENTS (BY SRI T.K.VEDAMURTHY, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO TAKE ON RECORD AND ADMIT THE APPEALS FILED BY THE RESPONDENT AFTER CONDONING THE DELAY IN SUCH FILING, IF AT ALL ANY VIDE ANNEXURE-A DATED 03.10.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
2. The matter is taken up for final disposal with the consent of learned counsel for both the parties.
3. The petitioner is aggrieved by the action of the second respondent in not taking on record and admitting the appeals filed by the respondents, after condoning the delay in filing, in terms of the order of this Court in W.P.Nos.55061-55065/2016 and allied matters [D.D. 21.08.2019].
4. Learned counsel for the petitioner would submit that due to some inadvertence and misinterpretation of the order of this Court, 9 days delay has occurred in filing the appeal which is not intentional nor due to negligence. Hence, seeks for relaxing the time frame fixed by this Court for filing the appeal before the Appellate Authority and direct the Appellate Authority to entertain the appeal, condoning the delay and to hear the matter on merits, in accordance with law.
5. Having regard to the facts and circumstances of the case as aforesaid, this Court is of the considered view that the interest of justice would be sub-served in relaxing the time frame fixed by this Court for filing the appeal. The second respondent shall consider the appeal filed by the petitioner with delay of 9 days and condoning the same, shall hear the matter on merits, in accordance with law.
Writ petition stands disposed of in terms of the above.
NC.
Sd/- JUDGE